ISLAMABAD: The Islamabad High Court (IHC) has summoned the Prime Minister for the next hearing in the missing persons case on non-recovery of six missing persons including Mudassar Naro.
The Chief Justice of the Islamabad High Court, Justice Athar Minallah, has issued a nine-page written order in the case, asking the Prime Minister to appear before the court and state the reasons for his failure to fulfill his constitutional obligations. ۔
According to the court decision, what action did the Prime Minister take against the government officials involved in the inhumane act of enforced disappearance? ۔ According to the order, the prime minister’s appearance will be on September 9 at 10:30 am.
The order said the attorney general was also given one last chance to argue in the missing persons case. The JIT declared several cases of enforced disappearance. The cases pending in the Missing Persons Commission have deepened the suffering of the victims. The Prime Minister has to show in practice that enforced disappearances are not an unannounced policy of the state.
Earlier, the Chief Justice of the Islamabad High Court, Athar Minallah, while hearing a new miscellaneous petition in the cases of recovery of missing persons, said that if the government does not take action in the cases of missing persons, the Prime Minister should appear on September 9. He assured that the court would see the response of the state.
Attached was a transcript of the interviews of Interior Minister Rana Sanaullah and Federal Minister for Human Rights Riaz Pirzada with the miscellaneous petition filed by the families of the missing persons. Was
Lawyers Inam-ur-Rehman, Iman Mazari and others appeared for the missing persons during the hearing while Deputy Attorney General Arshad Mahmood Kayani also appeared before the court. The deputy attorney general told the court that a report had been filed by the federation.
The Chief Justice said that two forums had declared that this was a case of enforced disappearance. What happened then? The JIT, which includes the ISI and other agencies, said it was a case of enforced disappearance. Who controls all these agencies? Who is responsible?
The deputy attorney general told the court that the agencies were controlled by the federal government. The Home Minister is in a meeting of the Federal Cabinet to adjourn the case, on which the Chief Justice said that there would be no adjournment, either give arguments on the case or summon the Chief Executive. It is clear that neither the current nor the previous government has an active role in dealing with missing persons. The best intelligence agency has declared the case a enforced disappearance.
The Chief Justice remarked that this court would proceed only in accordance with the Constitution, to protect fundamental rights. The primary responsibility lies with the federal government and the chief executive. The Deputy Attorney General told the court that he assured that the Cabinet Committee would look into all these issues. In these cases, it is believed that the deal is not going as it should.
Chief Justice Athar Minallah said that this court wants to hold someone accountable, during which they are responsible. If they had realized, they would not have allowed them to come to court and would have searched for them. All the state agencies are saying that then the state should have produced the missing person. For the last two years, the Missing Persons Commission has ordered to produce the missing person.
During the hearing, the father of two missing sons told the court that in the case of my sons also, there are JIT reports that these are cases of enforced disappearance. Lawyer Inam-ur-Rehman told the court that about 35 people were told before the Supreme Court that they were with the army authorities. The court said that it is a 2013 Supreme Court order. This is a very serious matter, related to national security, why the Armed Forces are accused of being involved in such matters. Has any review petition been filed against the order of the Supreme Court? ۔
The court said that if Kulbhushan can have a meeting with Yadav’s family, why not with the families of the missing persons? The Chief Justice asked Amna Masood Janjua if she had been summoned by the committee. To which he replied that I have also written a letter but the committee has not called.
During the hearing, Farhatullah Babar told the court that his request was that he would give evidence that state agencies were involved. In 2019, the ISPR had said that if not all the missing persons, then we have some. We will form a cell.
The Chief Justice said that what Farhatullah Babar has done with the elected government of parliament, you are acknowledging that civilian control is ignored, ISI is only a department of the government, ISI is under the direct control of the Prime Minister. Public office will not allow holders to shift their responsibilities.
The Chief Justice remarked that can Parliament take the position that they are helpless? Parliament has powers. When you are saying that Parliament is helpless, then the Chief Executive should come and say this. Then what do you expect from the court? This is a national security issue. Justice Athar Minallah further said that everyone talks but practically no one does anything.
The court summoned former vice chairman Pakistan Bar Council Abid Saqi to the rostrum, where he said that if contempt of court could be filed against the prime minister, then all are equal in the eyes of the law. The Chief Justice remarked that no one is helpless, everyone has to fulfill their responsibility. If someone does not agree, then misconduct action should be taken against him. If a military person does that, he should be court-martialled.
The Deputy Attorney General said that the issue is not only theirs, it is the property of 22 crore people
There is also Yurti. The Chief Justice said that national security is weakened when they (families of missing persons) suspect that the Armed Forces are involved. What happens when the chief executive, who has ruled for nine or ten years, writes in a book that this was the policy of the state?
The Chief Justice said that the dignity of the Armed Forces is in our view and if they are involved then they should also be accountable. The court is giving you some time. If nothing happens then you will call the chief executive. The Deputy Attorney General told the court that the government’s response would be seen by the court.
The court later adjourned the case till September 9.
